Elections Bill

Lord Scriven Excerpts

2nd reading
Wednesday 23rd February 2022 Lords Chamber

[Lord Woolley of Woodford (CB)]

My Lords, I too very much enjoyed the maiden speech of the noble Lord, Lord Moore—sadly, he is not here right now. Today was the first time we have been in the same room together, but during the Brexit referendum we had a long telephone conversation. Afterwards, he wrote in one of his papers, “I had a conversation with Simon Woolley. I profoundly disagree with him, but he does seem like a rather nice chap”.

I wish to focus on three aspects of this Bill: voter ID, voter registration and citizenship. I would also like it to be known that I will seek to make two amendments to this important legislation if I get the chance.

First, there is almost zero case for our democracy to introduce voter ID to tackle fraud. In the last election, there were six convictions for voter ID fraud, with nearly 48 million people having voted. I tried to work out the percentages for that, but I gave up. It was too complicated—there were too many noughts.

[Lord Scriven (LD)]

It was 0.000035%.

[Lord Woolley of Woodford (CB)]

Yes, it was something like that. The Government often point to the suspected corruption in Tower Hamlets. I should remind noble Lords that that was mainly to do with postal votes, so voter ID would have made little difference. Interestingly, the Government have wrestled with Covid restrictions, seeking to weigh up keeping people safe and allowing our businesses and our society to stay open and thrive. They have tried to be balanced and proportionate. When it comes to voter ID cards, any proportionality and balance seems to have gone out the window. On one side, you have a handful of fraudsters—just a handful—from a pool of 48 million people and, on the other, you have the cost, which is anywhere from £40 million to £180 million, and the potential loss of 1.5 million voters, disproportionately from black, Asian and minority ethnic communities. It would be laughable if it were not so serious. There is no rationale for voter ID, unless that rationale is to lose voters from our democracy and spend millions that we can ill afford.

As some noble Lords may know, I spent 25 years with Operation Black Vote, being a disciple of Dr Martin Luther King, in a quest, like him, to give the disenfranchised a voice by registering black, Asian and minority ethnic communities to vote. It was one of our biggest challenges; on average, 24% of black, Asian and minority ethnic communities are not registered to vote, and when it comes to young Africans and Caribbeans that number goes up to 50%. It was a challenge then and remains one now—made worse, I suggest, because local authorities have fewer resources today for voter registration initiatives than they had 25 years ago when we started.

This legislation could be used for the greatest transformation of political empowerment and engagement since women were given the right to vote over 100 years ago—in 1918, to be precise. All we have to do is adopt automatic voter registration for those who are eligible; that is it. In one wonderful vote, we and the British Government would have paved the way for millions more to have a voice in our democracy. Today, above all, no one needs reminding of the preciousness of sovereign democracy. I am here to inform the House that when I table an amendment, if the Government embrace it and it is accepted, our democracy will shine brighter as one of the most inclusive and representative democracies in the world.

Your Lordships can sense my enthusiasm for automatic voter registration, right? I have been waiting 25 years for this historic moment of change. There is one caveat, though: there is no doubt that automatic voter registration would be transformative but—there is always a “but”—the second part of that, which is equally doable and massively desirable, would be to implement comprehensive citizenship learning in all our schools, starting with primary schools. At the moment it is up to schools and maverick teachers to ensure that citizenship is taught. Citizenship should be on a level with teaching maths and English.

How much do we really value democracy? Our democracy is not under threat from a handful of fraudsters. It is, however, undermined when millions are not registered and do not vote, and when hundreds and thousands of young people, men and women, barely understand the tenets of a vibrant, inclusive democracy. We have the opportunity to change that.

I do not work at Operation Black Vote any more—I head Homerton College at Cambridge University—but I am still a disciple of Dr Martin Luther King. Help his and my dream come true, simply by ushering in automatic voter registration.

--- Later in debate ---

[Lord Scriven (LD)]

My Lords, first, I declare my interests as set out in the register. Like many noble Lords, I welcome the maiden speech of the noble Lord, Lord Moore. He enlightened me, as someone who has not been to Hastings, that modern Hastings is more heaven than hell—and I am sure his fellow citizens will be very pleased to hear that.

This has been a very forensic Second Reading debate. But let us be clear that this is not just any Bill; it is a Bill that has significant constitutional implications. It will be the basis on which our electoral system will take place—the platform of our democracy, which citizens need to have unshakable confidence in, so they can know that their Government and their local elected representatives have got there through a free, fair and independent electoral system.

There are many provisions in this Bill that these Benches have sympathy with: securing the postal vote and dealing with potential fraud in the postal vote, intimidation and digital imprints are a few that we would support. However, we have heard from many noble Lords across all sides of the House that the Bill has significant flaws that the Government have not addressed in the other place. Therefore, it will be down to this House to do its best to ensure that we do our job to scrutinise and reform a Bill that has fundamental flaws and that will change—if it is not amended—the balance of how the electoral system works. It will, in effect, give a balance of power to the party of government. It will give that party an inbuilt set of advantages.

This is not the basis for a free, fair and independent electoral system. It goes against the very notion of fairness that this country is renowned for, and it will diminish our international reputation for having a system that is admired and beyond reproach. That is why, in doing our job, as many noble Lords have said, we should say that there are certain provisions and clauses in the Bill that should not be here and that the Government should seriously consider not going forward as part of the Bill. In particular, Clauses 1, 2, 14, 15 and 17 have significant flaws.

I have to say to the Minister that, when a Bill unites both the noble Lord, Lord Cormack, and myself, it means that there is some fundamental flaw in it. It is very clear that if the Minister’s response does not give confidence to the House, we may do something which has precedent and, before it goes to a full Committee of this House, see certain clauses going to a Select Committee of this House—because this Bill has not had the pre-legislative scrutiny it desired. It has serious implications for the electoral integrity of our country. It is beholden on this House to deal with that with the seriousness it so desires and needs. So the Minister’s response has to be far better and more detailed than the shoddy response the Government gave to the House of Commons Public Administration and Constitutional Affairs Committee’s report. I am sure this will determine whether these Benches and other noble Lords decide whether we desire this to go to a scrutiny committee to seek further investigation before it goes to a full Committee of the House.

There are many provisions in the Bill, including the provision on voter ID, which are very controversial. I have to say, very gently, that I find irony in predominantly male, white, middle-aged and older men telling us that photographic ID is not an issue. When noble Lords from different demographics from those have said that there is a problem, those with the voices that may not be the loudest are again drowned out. We have to listen; voter photographic ID is an issue for certain demographics. The noble Lord, Lord Woolley, explained some of the issues to do with black, Asian and ethnic minority voters. My noble friend Lady Barker talked about some in the LGBT community. There is an issue with photographic ID which will mean that some people will not vote.

The Government say that we have to go on the precautionary principle on this, without any evidence whatever that there is significant abuse of personation in voting. Well, if it is about using the precautionary principle in legislation, why not have photographic ID to go into a supermarket just in case you are a shoplifter? The principle is flawed. It will have an effect on people having a right to vote. It is putting up barriers when actually we should be tearing down barriers for people to vote.

There is no significant evidence that anybody on the Government Benches has come forward with that somehow personation is a big issue in the electoral system in the UK. To answer the statistic put by the noble Lord, Lord Woolley, the committee in the other House came up with the figure; 0.00035% of all votes cast in 2019 were suspected and then prosecuted as voter personation. Many have spoken, including the noble Baroness, Lady Greengross, about such issues. The cost of this is not actually £180 million. The cost, depending on the number of people who will require voter ID, is somewhere between £180 million and £450 million, based on the report from the other place. So we will be scrutinising this part of the Bill very heavily.

These Benches, as my noble friend Lord Thomas of Gresford has pointed out, have sympathy for the calls from the RNIB to have on the face of the Bill minimum standards for people who are blind or partially sighted, and that there should be a provision for who the person helping them should be—not just anybody over the age of 18.

Issues of who is eligible to vote from overseas have been clearly shown to be controversial, and in some cases show levels of complexity being added to layers and layers of election law. There is particular concern about those from EU countries. As my noble friend Lord Shipley pointed out, you could have two people who live in the same house, who are from the same country, who arrived on different dates, who both pay their taxes and who do the same jobs, but one would be eligible to vote in local elections and one would not. Therefore, we need to think much more closely about a system of residency rather than a system relating to the country you come from for people to be able to vote in elections in the UK.

As my noble friend Lord Rennard pointed out, very significantly, while we welcome the extension of the right for people overseas to vote and doing away with the 15-year limit, there are clear issues about whether the intention is not just about voting but about the use of donations from very rich people abroad, some of whom live in tax havens and who will fund a particular party in this country. There are real reservations about that. As my noble friend said—and I ask the Minister to respond on it—a commitment was made in 2019 to pass legislation that would ban large donations from anyone resident abroad for tax purposes. Has that been enacted and, if not, why not?

I come to two other issues. The first is first past the post, and its imposition on areas which have a mayoral system and police and crime commissioners. It is absolute nonsense to suggest that the public in this country do not have the ability to understand the alternative vote system. It has been used; it is used again and again. People in Northern Ireland use the single transferable system. If you want to talk about a difficult system, the single transferable vote system is far more complex than that used for mayoral elections, but there is no intention in Northern Ireland to take that away because it is seen to deal with people’s votes in a more proportionate way.

The final issue is the chilling approach of doing away with the independence of the Electoral Commission. I do not think that any of us could add to what the noble and learned Lord, Lord Judge, said on this. It is absolutely breath-taking that a piece of legislation should talk about an independent regulator of the electoral system having to carry out the priorities of Her Majesty’s Government. That completely takes away the independence of the Electoral Commission, and in no circumstances should it be in the Bill. As I already indicated, these Benches and others will fight that clause.

For elections to be free, fair and independent, they need to be built on a bedrock of a strong and functioning democracy, one that the public have trust in and one that they feel does not favour any one party or anybody who has friends with very deep pockets. That is why we on these Benches oppose many of the clauses in this Bill and will do our best to build a consensus with others across the House to make the Bill better so that it really brings about a platform for free, fair and independent elections to rest on.

Downing Street Parties: Police Investigation

Lord Scriven Excerpts

Tuesday 25th January 2022 Lords Chamber

[Lord True (Con)]

I will not agree with every aspect of my noble friend’s remarks, but he does make a point: the business of government must continue. We all know there are very grave matters before the Government, both domestic and international. My right honourable friend the Prime Minister is fully and actively engaged in those and made a Statement on events in Ukraine in the House of Commons earlier. I believe it is important that that factor is recognised.

[Lord Scriven (LD)]

My Lords, Kate Josephs, who was director-general of the Covid task force and is now chief executive of Sheffield City Council, has admitted going to a drinks party for her leaving do on 17 December 2020. Subsequently, she tried to mislead the local press by denying that she had been to drinks parties. She apologised only 19 minutes before the story went public. Does the Minister believe that this is the leadership behaviour expected of a chief executive in local government?

[Lord True (Con)]

My Lords, I am not going to comment on any particular individual at the Dispatch Box. I am sure the noble Lord is a greater expert on Sheffield than I.

Covid-19: Status Certification

Lord Scriven Excerpts

Thursday 29th April 2021 Lords Chamber

[Lord True (Con)]

The noble Baroness raises important and germane points. I have said to the House twice now that ethical, equalities, privacy and other issues of those kinds are being and will continue to be considered. I refer to my Written Ministerial Statement, which sets this out at greater length.

[Lord Scriven (LD)]

My Lords, Zühlke Engineering was awarded a £3.9 million contract to build the now-discredited and abandoned Isle of Wight centralised test and trace app. If no final decisions have been made, why and at what cost has it been awarded work without a competitive tendering process to build Covid certifications into the NHS app with centralised systems?

[Lord True (Con)]

I will ask my colleagues involved to look at the points the noble Lord makes. I repeat that work is continuing, as set out in the Written Ministerial Statement before the House. The review is continuing.

Budget Statement

Lord Scriven Excerpts

Friday 12th March 2021 Lords Chamber

[Lord Scriven (LD) [V]]

My Lords, I declare my interest as a vice-president of the Local Government Association. People who require social care and healthcare will feel let down by this Budget. Leaving aside the 1% for front-line NHS workers and nothing for care staff, hidden away in the small print of the Red Book the Government have cut NHS England’s budget from £148 billion this year to £139 billion next year. With over 4 million people waiting for healthcare and a looming mental health crisis, the Government’s response is to treat health and care staff with contempt and cut NHS budgets for the forthcoming year.

In real terms, public health grant spending per head this year is £1 billion lower than in 2015-16. The Budget said nothing on the councils’ public health grant for the next financial year. The lack of funding for public health runs contrary to the aim of addressing increasing health inequalities and levelling up communities.

Talking of silence, I turn to the service whose name the Government dare not speak: social care. It is estimated to have a gap of £4 billion and growing, with millions not getting the care they need. The Government’s response is a sticking plaster of temporary council tax rises. The time for strategic plans is now—yet the Government lets down the most vulnerable by not bringing forward reforms of social care funding, giving those in need support and dignity. It is shameful and unforgivable.

The £20 million in the Budget is insufficient to support those who have to self-isolate with Covid. Every country that has slowed the transmission of the virus has put in place significant support and paid people the equivalent of their wages while they are self-isolating. This is another opportunity missed, one that the Government will have to readdress to ensure that an effective system of isolation and support exists.

The Budget’s silence on these issues of the well-being of citizens is an abdication by the Government, not only on personal health and care but also for a healthy and growing economy.

COVID-19 Vaccine Certification

Lord Scriven Excerpts

Thursday 4th March 2021 Lords Chamber

[The Lord Speaker (Lord Fowler)]

I call the noble Lord, Lord Triesman. He is not here, so I call the noble Lord, Lord Scriven.

[Lord Scriven (LD) [V]]

My Lords, how will the Government mitigate the risk that introducing vaccine certificates will move toward a system of individual risk-scoring that could undermine public health by treating a collective problem as an individual one and reduce compliance with vital individual public health measures?

[Lord True]

My Lords, again, the noble Lord raises important considerations. As I have said, my right honourable friend is currently scoping areas for the review, and many issues will come up on both sides of the question, which will have to be carefully weighed. I can assure the noble Lord and others that Covid status certificates would not be a form of national identity card.

National Risk Register

Lord Scriven Excerpts

Wednesday 3rd February 2021 Lords Chamber

[Lord True (Con)]

My noble friend raises an important point. Again, I am not going to write an industrial strategy from this Dispatch Box any more than I am a diplomatic policy. We have seen the value of the co-ordinated response to Covid. The creation of a national capacity has been greatly to our benefit. I am sure that his comments will be widely noted.

[Lord Scriven (LD) [V]]

Having a good risk register is not the same as having a good system of risk management. Despite pandemic being mentioned as a significant risk in the national risk register, why did the Government’s response to Covid not follow the department of health’s approved contingency plans for dealing with a SARS-type outbreak?

[Lord True (Con)]

My Lords, as I said before, in my judgment—and in that of the Government—it is too early to draw all the lessons from the Covid emergency. Some tend to underestimate its novelty and gravity. This Government and all Governments in the world have sought to respond in the best interests of their peoples. We have drawn on the lessons from the pandemic review, as will be seen when any examination or inquiry takes place.

Essential Services: Large-scale Technology

Lord Scriven Excerpts

Tuesday 12th January 2021 Lords Chamber

[Lord True (Con)]

My Lords, the noble Baroness makes a profoundly important point, which I agree with. I assure her that all the lead departments involved will consider her points. We must use the future to the benefit of all ages.

[Lord Scriven (LD) [V]]

My Lords, police use of facial recognition technology can lead to a lack of transparency and accountability, as well as issues of racial and gender bias, as outlined in a recent court case. Does the Minister agree with the Surveillance Camera Commissioner that the Government need to bring forward new rules specifying exactly how, when and where facial recognition technology should be used?

[Lord True (Con)]

My Lords, the specific question is outwith my area of responsibility, but I will pass the noble Lord’s comments on to colleagues in the Government, and I certainly note the important point that he has made.

Covid-19: Public Health Information

Lord Scriven Excerpts

Tuesday 8th December 2020 Lords Chamber

[Lord True (Con)]

My Lords, I would never wish to mislead the House; I hope that Hansard will reflect that I said that I would take back to colleagues the point about the NHS. The point that I made about languages is broader. I totally agree with the noble Baroness that vaccine disinformation, spread unchecked, could cost lives. We take the issue seriously: we have secured a commitment from Facebook, Twitter and Google to tackle it by not profiting from this material and by responding to flagged comment more swiftly.

[Lord Scriven (LD)]

My Lords, 10% of the adult population in the UK are not internet users. What provision have the Government made for these 5.3 million people to have parity of access to Covid-19 information services? How are the Government measuring whether these are effective?

[Lord True (Con)]

My Lords, the noble Lord makes an important point. In terms of reaching all vulnerable groups, those without access to the internet are important. This is taken into consideration. I can assure the noble Lord that the performance of the Covid campaign is reviewed in detail twice a week between the centre and agencies, but I will underline the significance of the specific point he raised.

Civil Servants: Public Procurement

Lord Scriven Excerpts

Thursday 29th October 2020 Lords Chamber

[Lord True (Con)]

My Lords, I have already referred to the ongoing NAO investigation. So far as the Civil Service Code is concerned, Section 4.1.3c is absolutely specific that

“civil servants must not misuse their official position or information acquired in the course of their official duties to further their private interests or those of others … Where a conflict of interest arises, civil servants must declare their interest to senior management.”

Every civil servant will be expected to abide by that.

[Lord Scriven (LD)]

My Lords, the Good Law Project has today published official government procurement documents which show that VIPs and Cabinet Office contacts have been awarded lucrative contracts for PPE above normal market rates and outside the usual procurement processes. As a matter of transparency, will the Minister set out what the total value of the contracts awarded in this way is and which companies that have links with Conservative Ministers, MPs or Peers were awarded business via this route?

[Lord True (Con)]

My Lords, the Government’s policy is to adopt and encourage greater transparency in commercial activity. Central government buyers must publish all tender documents and contracts with a contract value of over £10,000 on the Contracts Finder site. I am not commenting on press allegations. The Government are certain that the proper procedures have been and are being followed.

Covid-19: Infection Rate

Lord Scriven Excerpts

Monday 6th July 2020 Lords Chamber

[Lord True]

My Lords, the role of local councils is extremely important—noble Lords will not be surprised to hear me say that, given that I gave half a lifetime to local councils. We are ensuring that all local and public health bodies have the data that they need to support their plans for potential outbreaks. Since 11 June, an operational data dashboard was made available for all local authorities, to give them a clear picture in their local area. This includes counts of total tests and total positives, and a rolling average for pillar 2.

[Lord Scriven (LD) [V]]

My Lords, will the Minister say what publicly available epidemiological criteria the Government are using to decide on area-based local lockdowns and when to lift them?

[Lord True]

My Lords, as the noble Lord knows, the Government have published a great deal of information, including from SAGE meetings. We will continue to be as transparent as possible. Clearly, on the policy on local lockdowns, we have seen this in Leicester. We will be vigilant and try to provide the maximum amount of information about reasons.